Essay On Loose Construction

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"Loose construction is a belief that the constitution is a dynamic living document that must change as the nation develops" Loose construction in general words is loose interpretation of the constitution by judges and the jury but in most cases the judge because he has the final word in what happens in a case. The constitution was made by our founding father in 1787 the constitution is made up of rules and laws to keep order and justice and for the protection of the people. It also implies the natural rights or a person in court and out of court. It has been decades since the u.s constitution was written and ratified but yet we are still following what it says. There are some parts of the constitution that are morally correct but also there are some parts that just don't follow modern times. Loose construction first began its origins in the early 1790’s with one of the early loose constructionist Alexander Hamilton who was also a federalist and Thomas Jefferson who was anti-federalist and a held views on strict constructionism. President Washington secretary of state Alexander Hamilton, he designed a bank of the United States, this bank would be powerful and the main stockholder would be the U.S government. The federal treasury would deposit excess monies, it would revive business expenditures and it would print paper money so it could obtain a needed strong national currency. Thomas Jefferson was not fond of this new plan that Hamilton had created, he thought there was no authorization within the constitution. Jefferson was Hueramo 2 sure that the laws not given to the central powers were given to the states as proclaimed by the tenth amendment. This is why Jefferson thought that the powers not given to the central government... ... middle of paper ... ... well and has set the bar for other court cases to come. Due process is the rights we have in court and as these two cases explain peremptory challenge is a right we have as a defendant. due process has helped people who are being convicted be tried fairly in the court system and with peremptory challenge they have the right to have a fair juror which makes the defendant more secure while in trial. In Hernandez v. Texas Pete Hernandez an agricultural worker, was charged for the murder of Joe Espinoza by an all white jury in Jackson County, Texas. In this case Pete said that it wasn't fair that Mexican - Americans were excluded from participating in the jury. Pete hernandez had his right to have peremptory challenge which acted upon. Due process is a process that continue to be ratified because it doesn't follow the same rules as it did when it was first created.

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